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Mayor's decisions

Decision on dismantling an unauthorized metal structure and freeing community-owned land.

In force

The Mayor of Yerevan has decided to dismantle an illegally constructed metal structure (kiosk) located on community-owned land in front of building 25, Shinararner Street, Ajapnyak administrative district. The structure was built without proper permits and land use rights, and it burdens the municipal land. The decision orders the dismantling of the structure, the recovery of costs from the responsible party, and ensures public order during the process.

Property managementAjapnyak

What was decided

  1. Application rejectedUnauthorized structure

    To not legalize the metal structure (kiosk) illegally built on the community-owned land plot in front of building 25, Shinararner Street, Ajapnyak administrative district, Yerevan, without land use rights and proper permits.

    • Owner: Yerevan Municipality
    Object
    In front of building 25, Shinararner Street, Ajapnyak administrative district, Yerevan
  2. Execution assignedUnauthorized structure

    To dismantle the metal structure (kiosk) illegally built on the community-owned land plot in front of building 25, Shinararner Street, Ajapnyak administrative district, Yerevan, which is used without land use rights and state registration, and to free the community-owned land plot from illegal possession.

    • Executor: Head of Ajapnyak administrative district of Yerevan
    • Executor: Yerevan Municipality Staff, Department of Urban Development and Land Control
    • Executor: Public Order Protection Service
    Object
    In front of building 25, Shinararner Street, Ajapnyak administrative district, Yerevan
  3. Execution assignedOther

    To propose to the Head of the Yerevan City Police Department to ensure public order at the site during the application of administrative coercion measures by the Yerevan Municipality, in accordance with point 2 of this decision.

    • Executor: Head of Yerevan City Police Department
  4. Execution assignedUnauthorized structure

    To instruct the Head of the Ajapnyak administrative district of Yerevan to recover through judicial procedure the costs associated with the dismantling and related works of the unauthorized structure from the person who carried out the construction.

    • Executor: Head of Ajapnyak administrative district of Yerevan
    Object
    In front of building 25, Shinararner Street, Ajapnyak administrative district, Yerevan
  5. Oversight assignedOther

    The First Deputy Mayor of Yerevan, A. Pambukhchyan, shall ensure control over the execution of this decision.

    • Oversight: First Deputy Mayor of Yerevan

Full text

YEREVAN MAYOR
DECISION

RA, 0015, Yerevan, Argishti 1
№____________ « » 2026
YEREVAN

ON DISMANTLING THE METAL STRUCTURE (KIOSK) LOCATED ON THE LAND PLOT OWNED BY THE COMMUNITY IN FRONT OF BUILDING H.25, SHINARARNERI STREET, AJAPNYAK ADMINISTRATIVE DISTRICT, YEREVAN CITY, AND FREEING THE LAND PLOT OWNED BY THE COMMUNITY

  1. Description of the issue resolved by the administrative act:
    In front of building H.25, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, on a land plot owned by the community, construction works of a metal structure (kiosk) were carried out arbitrarily without land use rights and without appropriate permission, thereby encumbering the land plot owned by the community.
    According to Article 30, point "b" of the Law "On the Fundamentals of Administration and Administrative Procedure", an administrative proceeding has been initiated.

  2. Facts serving as the basis for adopting the administrative act:
    As a result of a comprehensive, complete, and objective examination of the factual circumstances of the administrative case, the administrative body considers the following to be established by the evidence obtained:
    a. In front of building H.25, Shinaraneri Street, Ajapnyak administrative district, Yerevan city, on a land plot owned by the community, construction works of a metal structure (kiosk) were carried out arbitrarily without land use rights and without appropriate permission, and the land plot encumbered by it is actually used illegally, as there is no right formalized in accordance with the procedure established by the legislation of the Republic of Armenia for that land plot and the existing structure.
    b. The aforementioned arbitrary metal structure (kiosk) actually encumbers the land plot owned by the Yerevan community, therefore it has become necessary to free the said land plot from the metal structure (kiosk) encumbering it.

  3. Justification for adopting the administrative act:

According to point 2 of Article 2 of Law HO-397-N "On Amendments and Additions to the Civil Code of the Republic of Armenia", the regulations concerning the legalization of unauthorized constructions operating before the entry into force of this law, including the provisions of subordinate legal acts adopted on their basis, apply to unauthorized constructions (sections of unfinished unauthorized constructions) built before the entry into force of this law and registered in the manner prescribed by the Government decision establishing the procedure for the registration of unauthorized constructions (hereinafter also referred to as the Government decision in this article). The Government may establish peculiarities for the legalization of unauthorized constructions (sections of unfinished unauthorized constructions) provided for by this part.

Accordingly, according to part 1 of Article 188 of the Civil Code in force at the time of the emergence of legal relations, an unauthorized construction is considered to be a building, structure or other construction built or reconstructed or placed on a land plot not allocated for that purpose in the manner prescribed by law and other legal acts, or without permission, or with significant violations of the conditions established by the permission or urban planning norms and rules, and according to point 1 of part 1, an unauthorized construction cannot be recognized as legal and is subject to demolition (dismantling).

The procedure and terms for the demolition (dismantling) of such a construction are established by a decision of the Government of the Republic of Armenia. According to part 2 of the same article, the owner of the land plot, including the acquirer of the land plot with an unauthorized construction, bears the risks associated with the use of the unauthorized construction located on it and the demolition (dismantling) of the unauthorized construction.

According to part 3 of the same article, the owner of the land plot has the right to demolish the unauthorized construction located on his land plot without applying to court. Decisions on the demolition (dismantling) of unauthorized constructions located on state or community-owned land plots are made by the competent authorities established by law.

An unauthorized construction located on another person's land plot is subject to demolition (dismantling) at the claim of the state, community or other interested person whose rights and legally protected interests have been violated, and the land plot is subject to restoration to its previous state at the expense of the land plot owner.

The person who carried out an unauthorized construction on another person's land plot is obliged to compensate the land plot owner for the damage caused, including the costs of demolishing (dismantling) the unauthorized construction and restoring the land plot to its previous state.

According to part 6 of the same article, the peculiarities of registering rights to real estate with unauthorized constructions are regulated by the law on state registration of rights to property and other legal acts adopted on its basis.

According to point 2 of Government Decision No. 912-N of May 18, 2006, in force at the time of the emergence of legal relations, the following unauthorized constructions are not subject to legalization:

a. the preservation of which violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens.
b. which are built on land plots defined by Article 60 of the Land Code, as well as in the alienation or safety zones of engineering and transport objects, or are built with significant violations of urban planning norms and rules and give rise to the right to demand compulsory servitude.

Point 44 of the procedure approved by the same decision stipulates that the legalization of unauthorized constructions provided for by this procedure is rejected by a corresponding decision if they do not meet the conditions for legalization defined by Article 188 of the Civil Code and this procedure.

According to Article 33 of the Appendix to Decision No. 912-N of the Government of the Republic of Armenia of May 18, 2006, the head of the community makes a decision on his own initiative to legalize or demolish unauthorized constructions located on state or community-owned land plots.

According to Article 44 of the Land Code, the right of citizens and legal entities to own, use, and dispose of land plots at their discretion is a right, subject to the restrictions and other conditions provided by law, and the right of ownership of citizens and legal entities to land plots arises on the basis of privatization of state and community lands, inheritance, purchase and sale, donation, and other transactions and legal facts related to land.

According to Part 5 of Article 26 of the Law "On Urban Development", the head of the community in the territories of communities supervises the fulfillment of architectural and planning assignments given to developers, the requirements of urban planning regulations of settlements, the targeted urban planning use of lands and fixed property, as well as prevents, suspends cases of unauthorized construction and ensures the elimination of their consequences in the manner prescribed by law.

According to Point 5 of Part 1 of Article 52 of the Law of the Republic of Armenia "On Local Self-Government in the City of Yerevan" in force at the time of the emergence of legal relations, he submits to the Council an annual program for providing for use and alienating property considered to be the property of Yerevan, and accordingly disposes of property considered to be the property of Yerevan.

According to Point 6 of Part 1 of Article 55 and Point 1 of Part 1 of Article 59 of the Law "On Local Self-Government in the City of Yerevan", the Mayor of Yerevan, as a mandatory authority, organizes the work carried out by the heads of administrative districts aimed at suspending unauthorized constructions and eliminating unauthorized constructions, as well as suspending and eliminating illegal land use.

According to Part 3 of Article 36 of the Law "On the Fundamentals of Administration and Administrative Procedure", if, after initiating an administrative procedure, the administrative body has the necessary documents for adopting the relevant administrative act, and the circumstances of the given case are sufficiently clarified and specified, then the administrative body is obliged to adopt the administrative act within a reasonable time after the emergence of the mentioned circumstances, without waiting for the expiration of the general or special term.
According to Part 1 of Article 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", a written administrative act enters into force on the day following the notification of the adoption of that act in the manner prescribed by Article 59 of the same law, unless otherwise provided by law or by that act.
According to Subpoint 8 of Point 2 of Decision N 315-N of December 23, 2020, of the Yerevan City Council (amended by Decision N 413-N of July 13, 2021, of the Yerevan City Council), a self-constructed building on a land plot owned by the Yerevan community, regardless of its degree of completion and whether it is subject to legalization or not, may be demolished by a decision of the Mayor of Yerevan.
Taking into account the above-mentioned factual and legal justifications and the evidence obtained during the initiated administrative procedure, based on Part 2 of Article 43, Part 2 of Article 44 of the Land Code, Part 5 of Article 26 of the Law "On Urban Development", Point 6 of Part 1 of Article 55 and Point 1 of Part 1 of Article 59, Point 3 of Part 1 of Article 65, Point 1 of Part 1 of Article 94 and Point 3 of Part 1 of Article 95 of the Law "On Local Self-Government in the City of Yerevan", Part 2 of Article 9 of the Law "On Local Self-Government", Articles 30, 36, 58 and 60 of the Law "On the Fundamentals of Administration and Administrative Procedure", Decision N 912-N of May 18, 2006, of the Government of the Republic of Armenia, as well as the requirements of Subpoint 8 of Point 2 of Decision N 315-N of December 23, 2020, of the Yerevan City Council (amended by Decision N 413-N of July 13, 2021, of the Yerevan City Council) –
I DECIDED:

  1. Not to legalize the self-constructed metal structure (kiosk) located in front of building N 25 on Shinhararneri Street in the Ajapnyak administrative district, on a land plot owned by the community, without land use rights and without the appropriate permit.

  2. Instruct the Head of the Ajapnyak administrative district of Yerevan to dismantle the illegally constructed metal structure (kiosk) located in front of building N 25 on Shinhararneri Street, on a land plot owned by the community, used without land use rights and state registration, with the assistance of the Urban Development and Land Control Department and the Public Order Protection Service of the Yerevan Municipality Staff, and to free the land plot owned by the community from illegal possession.

  3. To suggest to the Head of the Yerevan City Department of the Police of the Republic of Armenia, in accordance with point 2 of this decision, to ensure the maintenance of public order at the relevant location during the application of administrative enforcement measures by the Yerevan Municipality.

  4. To instruct the Head of the Ajapnyak administrative district of Yerevan city to recover the costs related to the implementation of the dismantling and other associated works provided for by this decision through judicial proceedings from the person who carried out the unauthorized construction.

  5. To place the organization and responsibility for the execution of the requirements of this decision on the heads of the Urban Development and Land Control Department and the Public Order Protection Service of the staff of the Yerevan Municipality, and the Head of the Ajapnyak administrative district of Yerevan city.

  6. This decision shall enter into force from the moment of its adoption.

  7. This decision may be appealed through administrative procedure to the Mayor of Yerevan or through judicial procedure to the Administrative Court of the Republic of Armenia within a two-month period from the date of its entry into force.

  8. Supervision over the progress of the implementation of this decision shall be ensured by the First Deputy Mayor of Yerevan, A. Pambukhchyan.

TIGRAN AVINYAN